Agreement Between User and US Equity Advantage®

This ACH Debit Agreement governs your use of the automated bill payment services (the “Service”) provided by US Equity Advantage, Inc. (“USEA”) under the name of AutoPayPlus, a registered Trademark of USEA. For the purpose of this Agreement, “USEA” and “AutoPayPlus” shall include, if applicable, any dba under which USEA may operate in your jurisdiction. You acknowledge and agree that you have received a copy, read and understood the terms of this ACH Debit Agreement and agree to be bound by its terms.

Definitions.

The terms “we,” “us,” “our” and “AutoPayPlus” mean USEA, its agents, successors and assigns.

The terms “you,” “your,” and “customer” mean the holder (or authorized representative thereof) of the Deposit Account specified above as Payor for bill payment services. “Deposit Account” means the US Dollar deposit account or such successor, replacement or other deposit account as you select and we permit.

“Deposit Institution” means the financial institution that provides the Deposit Account.

“Rules” means the NACHA Operating Rules & Guidelines.

THIS AGREEMENT IS NOT FINAL UNTIL WE HAVE VERIFIED ALL INFORMATION AND ACCEPTED YOU AS A CUSTOMER AT OUR SOLE DISCRETION IN OUR OFFICES IN ORLANDO, FL.

Consumers are warned that fraud can and does occur. Please call USEA at (800) 894-5000 to report any incident of fraud or suspected fraud including suspected unauthorized transfers (one made without your permission).

Terms and Conditions. The Services provided to you by USEA are subject to the terms and conditions of this Agreement and to the following, which are incorporated herein by this reference:

(A)  The terms or instructions appearing on the AutoPayPlus Customer Portal when enrolling for, activating, accessing, or using the Service;

(B)  USEA’s policies and procedures, as amended from time to time, that apply to the Service;

(C)  Related 3rd Party Partner terms and conditions, as amended from time to time, that may apply to the Service or extensions thereof; and

(D)  State and federal laws and regulations, as applicable.

General Description of Service.

Customer bank accounts are debited using the Federal Reserve System’s Automatic Clearing House (“ACH”) process and funds are deposited in a FDIC Insured account at an accredited bank of our choice. The debit will consist of a regularly scheduled recurring amount based on the timeframe chosen by you. You authorize USEA to administer these funds to pay the specified loan(s) and collect disclosed fees. You further authorize USEA to debit any amount that you owe USEA without further notice in an amount up to 3 regularly scheduled debits plus $250. Payments to your lender (the “Payee”) may be in the form of check or electronic payment. Interest is not credited to you on your funds while waiting for transfer to your lender.  The timing of said transfer will in all cases be at USEA’s sole discretion. Loans are paid on a monthly basis unless otherwise stated.

To use the Service, you must adhere to the following rules:

(A)  You warrant you will immediately notify us of any change to the information provided to us. Please ensure your account is open, has checking privileges and the account numbers are clearly displayed;

(B)  You may cancel this Agreement, without any penalty or obligation, within three business days from the above date;

(C)  You understand that USEA is servicing your loan(s) based solely on information provided by you that USEA cannot 100% verify. USEA will not be held responsible for errors in the information provided by you, though USEA will use best efforts to solve any problems that result from incorrect information provided by you.;

(D)  It is your responsibility to ensure that sufficient funds are available in your Deposit Account for any payment. Although we may credit your ledger account for a payment, the payment remains subject to clearing through the Deposit Institution. You authorize us to re-present to the Deposit Institution and debit the Deposit Account for payments that were previously dishonored without further notice to you. You understand that Payee may also consider your Payee Account to be in default under the terms of the Payee Loan, lease or other agreement in the event of any such failure of a payment; and

(E)  If a debit is returned a second time, no additional payments will be processed, and USEA reserves the right to stop payment on all payments in process until that debit is successfully re-presented and paid. Without limiting any other available remedies, if any ACH debit from your Deposit Account is returned because of insufficient funds (NSF) or any other reason, you must reimburse us for any corresponding payment amount immediately upon demand, plus attorney’s fees and other costs of collection as allowed by law. In its discretion, USEA may setoff such amounts against debits received for other payments. You accept any liability you or USEA may incur which is caused by your payment transactions, and you shall be solely responsible for any penalties, charges, and other fees you or we incur as a result of a failure to maintain sufficient funds in the Deposit Account.

USEA may make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution. USEA also reserves the right to debit a Payee’s account for money paid to the Payee on your behalf if the ACH debit from the Payment Account is returned because of insufficient funds or any other reason. You shall be solely responsible for all penalties, interest charges, late payment fees and service fees resulting from such a debit to the Payee. In some cases, a Customer may reverse a transaction for up to 60 days after it settled, or a transaction may be invalidated for fraud or some other reason, in which case the funds may be removed from the Payee’s Payment Account long after initial deposit. You agree at all times to maintain sufficient funds in your Deposit Account to satisfy all obligations including returns, reversals, and associated fees, and to add funds immediately if USEA notifies you that your funds are insufficient. USEA may, at its discretion, contact your Payees regarding any payments to be made, or payments made, to Payees on your behalf, for any reason.

After debiting your account and prior to disbursement, funds will be held in a master bank account created by USEA for your benefit as your agent. The funds will be comingled with funds of other USEA customers; however, you are deemed the principal with respect to the funds in your subaccount. USEA will track the funds in each of its customers’ subaccounts each day; however, it will not necessarily maintain and update subaccounts over the course of a day and, accordingly, account figures provided over the course of a day are provisional. This arrangement does not create a trust or other fiduciary obligations on the part of USEA.

USEA reserves the right to suspend or cancel any payments if your Deposit Account is not in good standing.  USEA will credit back to the Deposit Account any debits made to fund cancelled payments; provided, however, you authorize USEA, in its sole discretion, to withhold and collect from such amounts any service fees or other amounts owed under this Agreement.

(F)  If you designate yourself or any other person as a “Payor,” you thereby represent and warrant that each such Payor is authorized to initiate debit or credit entries, as applicable, to the Deposit Account.

(G) You hereby authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information and, for business accounts, your company or employer. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes.

Service Fees and Payment. You shall pay all fees and charges listed on this Agreement applicable to the Service, including, but not limited to:

  1. $399.00 Enrollment, Account Verification fee of $2.45, ACH fee of $1.25/weekly debit, $2.45/biweekly, bimonthly or monthly debit;
  2. NSF ($29.50), Revoked Debit ($50), Stop Payment ($25) fees, Customer Advises Not Authorized ($50);
  3. FedEx Request ($10), Rush Check Request ($10), Phone Payment ($10), Paper Statements Mailed ($5);
  4. Inactivity Fees of $7.50 per month, Escheatment Fee (Unclaimed Account) of $50; and
  5. Any additional fees that you may contract for or incur with USEA.

We reserve the right to change the amount of any fees from time to time, in our sole discretion. We will post the revised fees on the www.usequityadvantage.com website or notify you by email in advance of the effective date of such changes. If the change in fees is not acceptable, your sole and exclusive remedy shall be to stop using the Service. By continuing to use the Service after the fee increase, you accept all changes in service fees. All Service fees are non-refundable.  Prior to charging the inactivity fee USEA will make all attempts to contact you and you will have an additional 90 days after a “Notice of Inactivity Fee” letter is sent to the most recent address we have on record for you. These additional fees can impact your savings. You may be charged a fee if you do not accept electronic communication. USEA reserves the right to cancel your account in the event of non-payment of fees.

Information and Customer Requests. It is your responsibility to provide any changes to your bank or lender information to USEA in a timely manner to ensure that your payments are processed properly. USEA requires notice of any changes to your banking or loan accounts within the following timeframes: (1) Requests for changes to your debit schedule must be made a minimum of five (5) business days prior to the next scheduled debit date. (2) Changes to your bank information that may affect processing your payment, including but not limited to account number and/or bank   address must be made a minimum of five (5) business days prior to the next scheduled debit date; (3) Changes to your loan information necessary for payment to a Payee, including but not limited to your lender and/or account number, must be  made a minimum of ten (10) business days prior to your payment due date if the new information is to be applied to an upcoming payment. Business days do not include weekends or Federal Reserve holidays. All notices required or permitted hereunder shall be in writing and may be delivered via U.S. Mail, courier services, overnight postal carrier to US Equity Advantage, 800 N. Magnolia Avenue, Suite 1275, Orlando, FL 32803 or via email at customercare@usequityadvantage.com or to such other address as USEA may designate. Such notices shall be deemed delivered when personally received or five (5) days after mailing with adequate postage. If you choose to opt out of receiving USEA promotional email please visit the USEA website or you can send your request to Customer Care at 800 North Magnolia Ave., Suite 1275, Orlando FL 32803. This does not preclude USEA from emailing you regarding your account.

You acknowledge that you will not receive written notice from USEA of the amount to be debited or the due dates of the debiting after receiving notification of your first debit, however, you may call our toll-free number (800) 894-5000 at any time during regular business hours of 9:00 a.m. to 6:00 p.m. EST Mon. – Fri. to receive updated information regarding your most recent debit. Several states require that receipts be made available to you. To access this information log onto your Customer portal on the www.usequityadvantage.com website to access receipt information.

Estimated Savings Using AutoPayPlus™ You acknowledge that all calculations made by USEA, or any representing agent(s) are based on information supplied by you and you accept sole responsibility for the accuracy of any of this information. You acknowledge numerous factors could have a significant effect on any potential savings and payment schedules, including but not limited to scheduling and payment changes you request during your use of the Service, interest rate, term, amount financed and rate of depreciation. The sole representation made by USEA is strictly limited to “a potential of interest savings and an accelerated equity position in the item collateralized by your loan after taking into account all associated fees.”

Our Commitment to Privacy. At USEA, we are committed to protecting consumer information and their privacy. To guard your information, USEA has put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information in accordance to Federal standards. A Privacy Notice is mailed out to you upon enrollment into the AutoPayPlus Program and you acknowledge that annual updates are available for view on USEA’s website at       www.usequityadvantage.com under the Privacy Notice.

Limited Warranty.  USEA will use commercially reasonable efforts to make all payments in accordance with Payment Instructions. If USEA causes an incorrect amount  of funds to be removed from your Deposit Account or causes funds from your Deposit Account to be directed to a Payee that does not comply with the Payment Instructions, or if USEA fails to issue a payment (each an “Error”), USEA shall use commercially reasonable efforts to return the improperly transferred funds to the  Deposit Account, direct any previously misdirected payments to the proper Payee, and, if applicable, provide reimbursement for any assessed interest charges, provided that the payment was scheduled correctly and in accordance with the Agreement.

Notwithstanding the foregoing, USEA shall not incur any liability for any Error resulting from any of the following circumstances: (i) there are insufficient funds in the Payment Account; (ii) the ACH Network or other payment processing center is not working properly; or (iii) the Payment Account information or the Payment Instructions are inaccurate, incomplete or out of date due to Customer or Dealer error.

If you believe you are entitled to payment under this Section, you must notify USEA as soon as you learn of the Error. You must cooperate fully with USEA remediation efforts and take all other actions reasonably requested to correct or mitigate the Error.

THE FOREGOING SETS FORTH THE SOLE AND EXCLUSIVE REMEDY AND USEA’S FULL AND EXCLUSIVE OBLIGATION WITH RESPECT TO ANY BREACH OF THIS LIMITED WARRANTY.

Event of Force Majeure or Change of Law.  In the case of an event beyond the control of USEA and Customer, which prevents either from complying with any or all  of its obligations under this Agreement, including but not limited to acts of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods); war, hostilities, acts of threats or terrorism, strikes, lock outs or disorder and specifically though not traditionally deemed to include changes in State or        Federal law that prohibit the continuation of the Service, neither USEA nor the Customer shall be considered in breach of this Agreement to the extent that performance   of their respective obligations is prevented by said Event of Force Majeure that arises after the date that USEA accepts  the contract.  In the case of a change in law, USEA shall have the opportunity to adhere to the change in law and/or substitute services of not less than equal value without being considered in breach.

Warranty Disclaimer.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED “AS-IS” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON- INFRINGEMENT. YOU ASSUME ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE. USEA DOES NOT WARRANT THAT THE SERVICE IS COMPLETELY SECURE OR IS FREE FROM BUGS, INTERRUPTIONS, ERRORS, OR OTHER PROGRAM LIMITATIONS, OR THAT ALL ERRORS WILL BE CORRECTED. USEA FURTHER DISCLAIMS ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM USEA OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability.   IN NO EVENT SHALL USEA BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INCOME, DAMAGE TO CREDIT, PROFITS, REVENUE OR BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, OR OTHER ECONOMIC LOSS, WHETHER OR NOT USEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE

AND STRICT LIABILITY) OR OTHERWISE.  USEA WILL NOT BE LIABLE FOR ATTORNEYS’ FEES, EXCEPT AS REQUIRED BY   LAW.

Acknowledgment.  The parties acknowledge that the limitations and exclusions contained in this Agreement represent the parties’ agreement based upon the perceived level of risk associated with their respective obligations under this Agreement and the service fees paid. Without limiting the generality of the foregoing, the parties acknowledge and agree  that  (a) the provisions  hereof  that  limit  liability,  disclaim  warranties  or  exclude  consequential damages  or  other  damages  or remedies  shall  be severable and independent of any other provisions and shall be enforced  as such, regardless of any breach hereunder, and (b)  all limitations of   liability, disclaimers of warranties, and exclusions of consequential damages or other damages or remedies shall remain fully valid, effective and enforceable in  accordance with their respective terms, even under circumstances that cause an exclusive remedy to fail of its essential purpose. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, LIABILITY OR CERTAIN WARRANTIES IN CERTAIN CIRCUMSTANCES.   ACCORDINGLY, SOME OF THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY.

Consent to Electronic Disclosures and Automated Dialers.  You hereby agree to receive information electronically through the AutoPayPlus portal and at the e-mail address you provide. This information may include information regarding the Agreement, including legal disclosures, future changes to the Agreement, and other notices, legal communications or disclosures. You agree to notify us promptly if your e mail address changes.   You confirm that the computer and browser you are using enable you to receive, access, and retain this information, and that you can print copies for your records. In order to contact you more efficiently, we may at times contact you using autodialed or prerecorded message calls or text messages at the telephone number(s) you     have provided us. We may place such calls or texts to (i) provide notices regarding your Account or Account activity (ii) investigate or prevent fraud, or (iii) collect a debt owed to us. You agree that we and our service providers may contact you using autodialed or prerecorded message calls and text messages to carry out the purposes we have identified above. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests, but will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text charges may apply. We and our service   providers will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes at the telephone number(s) you designate unless we receive your prior express written consent.

You do not have to consent to receive autodialed or prerecorded message calls or texts in order to use and enjoy USEA’s products and services. Where USEA is required to obtain your consent for such communications, you may choose to revoke your consent by contacting customer support at (800) 894-5000 and informing us of your preferences.

Consent to Electronic Signatures and Documents.  You hereby consent to the use of electronic documents and signatures. “Electronic documents” include documents you may complete via web page and save on your computer or attach to e-mail. They can typically be printed out, but exist independently in an electronic form on a server or on your computer.  An “electronic signature” includes any mark, symbol, sound or process that is written, stamped, engraved, attached to or logically associated with an electronic document and executed by a person with the intent to sign.  You understand that USEA may employ a digital signature technology. This technology combines your authenticated user session with your device’s IP address and/or cellular phone number and current date/time stamp to ensure you are the owner of the signature. By using this electronic method of enrollment, you hereby consent and agree to the use of this digital signature method and agree that it carries the same validity and legal authority as your written signature. If you do not wish to “sign” this way, you may print out the document(s), sign by hand, and forward to the Company

General Legal.  You may not assign this Agreement to any other party. USEA may assign this Agreement to any third party, directly or indirectly affiliated with USEA. USEA may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties. You agree to indemnify and hold USEA and its respective officers, directors, employees and representatives harmless (including payment of reasonable attorney’s fees) against any and all liability to third parties arising out of, or in connection with your use of the Service, any actions taken by USEA pursuant to your instructions, or your breach of this Agreement.  USEA shall not be deemed to have waived any of its rights or remedies under this Agreement unless such waiver is in writing and signed by USEA. No delay or omission on the part of USEA in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver   on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.  This Agreement and all matters arising out of or relating to   this Agreement shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. Any legal action or proceeding relating to the Agreement shall be brought exclusively in the state or federal courts located in Orange County Florida. You hereby agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, those courts in any such legal action or proceeding. You hereby waive any right you may have to a jury trial or to form and/or join a class action.

 



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